1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K. S. MUDAGAL CRIMINAL PETITION NO.8167/2018 BETWEEN:
RAGHU S/O MAYIGAIAH, AGED ABOUT 27 YEARS, R/AT NARASIMHAIAHNADODDI, GIRENAHALI, HAROHALLI HOBLI, KANAKAPURA TALUK-562 126.
...PETITIONER (BY SRI KEMPARAJU, ADVOCATE) AND:
STATE OF KARNATAKA BY BIDADI POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001.
...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.728/2011 (S.C.NO.89/2018) OF BIDADI 2 POLICE STATION, RAMANAGARA, FOR THE OFFENCE P/U/S 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The Bidadi Police have charge sheeted the petitioner and two others for the offence punishable under Section 392 of IPC.
2. It was alleged that on 29.12.2011 at about 5.30 am., the accused accosted P.W.1 near Shanimahathma Temple at Hejjala Road on their motor bike and robbed her mangalya chain.
3. The case was registered in C.C.No.51/2012 on the file of the Chief Judicial Magistrate, Ramanagara and the petitioner was granted bail on 28.06.2012 invoking Section 167(2) of Cr.P.C. The petitioner appeared before the Magistrate upto 28.10.2017.
3 4. On 07.11.2017, the petitioner was arrested in Crime No.319/2017 of Thalagattapura Police Station and was remanded to judicial custody. Therefore, in C.C.No.51/2012, the presence of the petitioner was secured by issuing body warrant. On 12.07.2018, the learned Magistrate exercising power under Section 323 of Cr.P.C., committed the case to the Sessions Court with a direction to produce the petitioner before the Sessions Court. Then the case was registered in SC.No.89/2018 on the file of III Addl. District and Sessions Judge, Ramanagara.
5. The petitioner filed application before the Sessions Court for grant of bail. The Sessions Court rejected his bail application on the ground that the petitioner was absconding and if bail is granted, he may not be secured for trail.
6. The learned counsel for the petitioner has produced the certified copies of the order sheets in 4 C.C.No.51/2012 and Crime No.319/2017 of Thalagattapura Police Station, which is registered in C.C.No.951/2018. The said records substantiate the contention of learned counsel for the petitioner that the absence of the petitioner before the Magistrate was for the reasons beyond his control, otherwise the petitioner was appearing regularly before the Magistrate.
7. On 25.04.2018 the learned VIII Addl. District and Sessions Judge, Bangalore Rural District has granted bail to petitioner in Crime No.319 of 2017. Under these circumstances, it is a fit case to grant bail with suitable conditions. Therefore, petition is allowed.
8. Petitioner is granted bail in Crime No.728/2011 of Bidadi Police Station, which is now pending in S.C.No.89/2018 on the file of III Additional 5 District and Sessions Judge, Ramanagara, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE PB